Constitution Restoration Act of 2004: Hearing Before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, Second Session, on H.R. 3799, September 13, 2004, Volumen4U.S. Government Printing Office, 2004 - 130 páginas |
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Página 8
... enactment must at least have a legitimate objective , but it is not possible to find one for the Act . It is ... enact a statute to overrule a court's decision on constitu- tional law . For instance , it would be unconstitutional for the ...
... enactment must at least have a legitimate objective , but it is not possible to find one for the Act . It is ... enact a statute to overrule a court's decision on constitu- tional law . For instance , it would be unconstitutional for the ...
Página 9
... enacts . While na- tional security and promoting the efficiency of the federal courts qualify plainly as neutral justifications , distrust of the federal judiciary does not . B. Constitutional Precedents Have the Status of ...
... enacts . While na- tional security and promoting the efficiency of the federal courts qualify plainly as neutral justifications , distrust of the federal judiciary does not . B. Constitutional Precedents Have the Status of ...
Página 10
... enact a statute directing the Čourt either to ignore its precedents on abortion rights as a source of decision alto- gether or to forego ever reconsidering certain 11th amendment precedents . Either enactment would be unconstitutional ...
... enact a statute directing the Čourt either to ignore its precedents on abortion rights as a source of decision alto- gether or to forego ever reconsidering certain 11th amendment precedents . Either enactment would be unconstitutional ...
Página 11
... enact- ing the same bill but restricting federal jurisdiction over it would be unconstitu- tional . In addition ... enacted , open the door to an- other , equally disastrous constitutional result - allowing the Congress to command ...
... enact- ing the same bill but restricting federal jurisdiction over it would be unconstitu- tional . In addition ... enacted , open the door to an- other , equally disastrous constitutional result - allowing the Congress to command ...
Página 14
... enacted them . The Congress has further refused since 1869 not to expand or contract the size of the Court in order to benefit one party rather than another . These refusals , just like those against withdrawing all federal jurisdiction ...
... enacted them . The Congress has further refused since 1869 not to expand or contract the size of the Court in order to benefit one party rather than another . These refusals , just like those against withdrawing all federal jurisdiction ...
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Términos y frases comunes
2-Jurisdiction ART acknowledgment action American appellate jurisdiction Article III courts authority BACHUS BERMAN bill Chief Justice Commandments Committee CONG CONGRESS THE LIBRARY congressional power Constitution Restoration Act constitutional amendment constitutional law DANNEMEYER declared display district court Due Process enacted Establishment Clause Ex Parte McCardle exercise federal courts federal judges federal judiciary federal jurisdiction foreign law Framers GOODLATTE gress hearing HELLMAN III-JUDICIAL DEPARTMENT impeachable offense impeachment independence interpretation issue Judge Moore judicial power judicial review Judiciary Act legislation liberty LIBRARY OF CONGRESS lower federal courts Marriage Protection Act McCardle ment monument officials original jurisdiction overturn percent Pledge of Allegiance power of Congress Professor Gerhardt prohibit provision public school question recognized regulate religion religious removed school prayer Senate source of law sovereign source statute Subcommittee Ten Commandments tion title 28 U.S. Constitution U.S. Supreme Court unconstitutional United States Code United States Supreme violate
Pasajes populares
Página 105 - At the same time, the candid citizen must confess that if the policy of the Government upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court the instant they are made in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal.
Página 80 - Whereas it is the duty of all Nations to acknowledge the providence of Almighty God, to obey his will, to be grateful for his benefits, and humbly to implore his protection and favor...
Página 10 - I do not think the United States would come to an end if we lost our power to declare an Act of Congress void. I do think the Union would be imperiled if we could not make that declaration as to the laws of the several States.
Página 79 - I therefore beg leave to move that, henceforth, prayers imploring the assistance of Heaven, and its blessings on our deliberations, be held in this assembly every morning before we proceed to business, and that one or more of the clergy of this city be requested to officiate in that service.
Página 40 - I have never shrunk from its expression... that the germ of dissolution of our Federal Government is in the Constitution of the Federal Judiciary; an irresponsible body... for impeachment is scarcely a scarecrow. . .working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States, and the government of all be consolidated into one.
Página 23 - Admissibility of confessions (a) In any criminal prosecution brought by the United States or by the District of Columbia, a confession, as defined in subsection (e) hereof, shall be admissible in evidence if it is voluntarily given. Before such confession is received in evidence, the trial judge shall, out of the presence of the jury, determine any issue as to voluntariness. If the trial judge determines that the confession was voluntarily...
Página 93 - The subjects of its jurisdiction are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries done immediately to the society itself.
Página 77 - The judiciary on the contrary has no influence over either the sword or the purse, no direction either of the strength or of the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither Force nor Will, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
Página 41 - There can be no question of the power of Congress thus to define and limit the jurisdiction of the inferior courts of the United States.
Página 48 - We cannot doubt as to this. Without jurisdiction the court cannot proceed at all in any cause. Jurisdiction is power to declare the law, and when it ceases to exist, the only function remaining to the court is that of announcing the fact and dismissing the cause.